|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning regulation.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Medical Practice Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 54.5 as follows:
| |||||||||||||||||||
6 | (225 ILCS 60/54.5)
| |||||||||||||||||||
7 | (Section scheduled to be repealed on December 31, 2008)
| |||||||||||||||||||
8 | Sec. 54.5. Physician delegation of authority.
| |||||||||||||||||||
9 | (a) Physicians licensed to practice medicine in all its
| |||||||||||||||||||
10 | branches may delegate care and treatment responsibilities to a
| |||||||||||||||||||
11 | physician assistant under guidelines in accordance with the
| |||||||||||||||||||
12 | requirements of the Physician Assistant Practice Act of
1987. A | |||||||||||||||||||
13 | physician licensed to practice medicine in all its
branches may | |||||||||||||||||||
14 | enter into supervising physician agreements with
no more than 2 | |||||||||||||||||||
15 | physician assistants.
| |||||||||||||||||||
16 | (b) A physician licensed to practice medicine in all its
| |||||||||||||||||||
17 | branches in active clinical practice may collaborate with an | |||||||||||||||||||
18 | advanced practice
nurse in accordance with the requirements of | |||||||||||||||||||
19 | the Nurse Practice Act. Collaboration
is for the purpose of | |||||||||||||||||||
20 | providing medical consultation,
and no employment relationship | |||||||||||||||||||
21 | is required. A
written collaborative agreement shall
conform to | |||||||||||||||||||
22 | the requirements of Section 65-35 of the Nurse Practice Act. | |||||||||||||||||||
23 | The written collaborative agreement shall
be for
services the |
| |||||||
| |||||||
1 | collaborating physician generally provides to
his or her | ||||||
2 | patients in the normal course of clinical medical practice.
A | ||||||
3 | written collaborative agreement shall be adequate with respect | ||||||
4 | to collaboration
with advanced practice nurses if all of the | ||||||
5 | following apply:
| ||||||
6 | (1) The agreement is written to promote the exercise of | ||||||
7 | professional judgment by the advanced practice nurse | ||||||
8 | commensurate with his or her education and experience. The | ||||||
9 | agreement need not describe the exact steps that an | ||||||
10 | advanced practice nurse must take with respect to each | ||||||
11 | specific condition, disease, or symptom, but must specify | ||||||
12 | those procedures that require a physician's presence as the | ||||||
13 | procedures are being performed.
| ||||||
14 | (2) Practice guidelines and orders are developed and | ||||||
15 | approved jointly by the advanced practice nurse and | ||||||
16 | collaborating physician, as needed, based on the practice | ||||||
17 | of the practitioners. Such guidelines and orders and the | ||||||
18 | patient services provided thereunder are periodically | ||||||
19 | reviewed by the collaborating physician.
| ||||||
20 | (3) The advance practice nurse provides services the | ||||||
21 | collaborating physician generally provides to his or her | ||||||
22 | patients in the normal course of clinical practice, except | ||||||
23 | as set forth in subsection (b-5) of this Section. With | ||||||
24 | respect to labor and delivery, the collaborating physician | ||||||
25 | must provide delivery services in order to participate with | ||||||
26 | a certified nurse midwife. |
| |||||||
| |||||||
1 | (4) The collaborating physician and advanced practice | ||||||
2 | nurse meet in person at least once a month to provide | ||||||
3 | collaboration and consultation. | ||||||
4 | (5) Methods of communication are available with the | ||||||
5 | collaborating physician in person or through | ||||||
6 | telecommunications for consultation, collaboration, and | ||||||
7 | referral as needed to address patient care needs. | ||||||
8 | (6) The agreement contains provisions detailing notice | ||||||
9 | for termination or change of status involving a written | ||||||
10 | collaborative agreement, except when such notice is given | ||||||
11 | for just cause.
| ||||||
12 | A physician licensed to practice medicine in all its | ||||||
13 | branches may enter into a collaborative agreement as set forth | ||||||
14 | in this subsection (b) with no more than 4 advanced practice | ||||||
15 | nurses at any one period of time. | ||||||
16 | (b-5) An anesthesiologist or physician licensed to | ||||||
17 | practice medicine in
all its branches may collaborate with a | ||||||
18 | certified registered nurse anesthetist
in accordance with | ||||||
19 | Section 65-35 of the Nurse Practice Act for the provision of | ||||||
20 | anesthesia services. With respect to the provision of | ||||||
21 | anesthesia services, the collaborating anesthesiologist or | ||||||
22 | physician shall have training and experience in the delivery of | ||||||
23 | anesthesia services consistent with Department rules. | ||||||
24 | Collaboration shall be
adequate if:
| ||||||
25 | (1) an anesthesiologist or a physician
participates in | ||||||
26 | the joint formulation and joint approval of orders or
|
| |||||||
| |||||||
1 | guidelines and periodically reviews such orders and the | ||||||
2 | services provided
patients under such orders; and
| ||||||
3 | (2) for anesthesia services, the anesthesiologist
or | ||||||
4 | physician participates through discussion of and agreement | ||||||
5 | with the
anesthesia plan and is physically present and | ||||||
6 | available on the premises during
the delivery of anesthesia | ||||||
7 | services for
diagnosis, consultation, and treatment of | ||||||
8 | emergency medical conditions.
Anesthesia services in a | ||||||
9 | hospital shall be conducted in accordance with
Section 10.7 | ||||||
10 | of the Hospital Licensing Act and in an ambulatory surgical
| ||||||
11 | treatment center in accordance with Section 6.5 of the | ||||||
12 | Ambulatory Surgical
Treatment Center Act.
| ||||||
13 | (b-10) The anesthesiologist or operating physician must | ||||||
14 | agree with the
anesthesia plan prior to the delivery of | ||||||
15 | services.
| ||||||
16 | (c) The supervising physician shall have access to the
| ||||||
17 | medical records of all patients attended by a physician
| ||||||
18 | assistant. The collaborating physician shall have access to
the | ||||||
19 | medical records of all patients attended to by an
advanced | ||||||
20 | practice nurse.
| ||||||
21 | (d) Nothing in this Act
shall be construed to limit the | ||||||
22 | delegation of
tasks or duties by a physician licensed to | ||||||
23 | practice medicine
in all its branches to a licensed practical | ||||||
24 | nurse, a registered professional
nurse, or other persons.
| ||||||
25 | (e) A physician shall not be liable for the acts or
| ||||||
26 | omissions of a physician assistant or advanced practice
nurse |
| |||||||
| |||||||
1 | solely on the basis of having signed a
supervision agreement or | ||||||
2 | guidelines or a collaborative
agreement, an order, a standing | ||||||
3 | medical order, a
standing delegation order, or other order or | ||||||
4 | guideline
authorizing a physician assistant or advanced | ||||||
5 | practice
nurse to perform acts, unless the physician has
reason | ||||||
6 | to believe the physician assistant or advanced
practice nurse | ||||||
7 | lacked the competency to perform
the act or acts or commits | ||||||
8 | willful and wanton misconduct.
| ||||||
9 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
10 | Section 99. Effective date. This Act takes effect January | ||||||
11 | 1, 2009.
|